Ankle decisions — 2017

The Veteran's service-connected disabilities render him in need of regular aid and attendance, necessitating the grant of SMC at the aid and attendance rate.

The Veteran's claims for increased ratings for his left ankle disability, lower back disability, and left lower extremity radiculopathy have been denied. The VA has provided appropriate examinations and considered all relevant evidence of record.

The Veteran's right ankle disability is rated at the maximum available rating of 20 percent.,Prior to December 4, 2011, the Veteran's low back disability was rated at 20 percent. Since then, it has been rated at 40 percent.

The Veteran's appeal is being remanded for additional evidentiary development, including a new VA examination to assess the current severity of his left ankle disability.

The Veteran is seeking service connection for a right ankle disability, which he claims was incurred during his active duty. The Board has determined that additional development and medical opinions are needed to properly adjudicate the claim.

The Veteran's initial increased evaluations for his service-connected left ankle sprain and right foot partial tendon tear with sprain, status post surgery, have been granted. The current ratings are 20 percent for the left ankle sprain and 30 percent for the right foot condition.

The Veteran's claims for service connection were denied as there is no evidence of a current disability that can be attributed to his military service, including undiagnosed illnesses or exposure to hazardous chemicals.

The Veteran's left ankle disability was rated at 20 percent prior to December 5, 2012. From December 5, 2012 to February 17, 2014, the rating increased to 30 percent due to ankylosis in dorsiflexion between 0 degrees and 10 degrees. After a total left ankle replacement on February 17, 2014, the Veteran received a temporary 100 percent rating from February 17, 2014 to March 17, 2014, followed by a permanent 100 percent rating since March 18, 2015.

The Veteran's initial claim for a higher rating for chronic right ankle sprain was denied. However, the Veteran's claim for increased ratings for migraine headaches prior to November 29, 2014, and thereafter, was granted with an effective date of November 29, 2014.

The Veteran's right ankle disability, including posttraumatic arthritis and avulsion fracture with arthrodesis, is currently rated at 20 percent. The Board finds that the evidence does not support a higher rating for this period.

The Veteran's appeal has been dismissed as he requested to withdraw his appeals for the issues of entitlement to a compensable disability rating for tension headaches prior to September 27, 2012; and entitlement to service connection for non-specific dermatitis, claimed as a skin rash; hypertension; insomnia, claimed as sleep deprivation disorder; left ankle osteoarthritis; right ankle osteoarthritis; and erectile dysfunction. The appeal of the issue of an effective date prior than August 20, 2003 for the grant of entitlement to TDIU due to service-connected disabilities is also dismissed.

The Board has granted service connection for the Veteran's right ankle disability, finding that it is related to his military service. The claim was reopened due to new and material evidence presented since the December 2000 rating decision.

The Veteran's right ankle disability is rated at 30 percent, effective February 11, 2009. The Board also granted entitlement to TDIU.

The Veteran's claims for right and left ankle disabilities, a bilateral foot disability, and mitral valve prolapse have been denied as there is no current evidence of these conditions during the appeal period.

The Veteran's claim is being remanded for further development, including consideration of a total rating for compensation purposes based on individual unemployability due to service-connected disabilities (TDIU).

The Board found no current left ankle disability and denied the Veteran's claim for service connection.

The Board has determined that the Veteran's current right ankle disability and low back disability are related to service, meeting the criteria for direct service connection.

The Board has remanded the case due to unclear income and pension eligibility, as well as potential errors in previous calculations. The Veteran's claims for service connection are also pending.

The Board has determined that additional VA treatment records are needed to fully evaluate the Veteran's claims, as these records may contain information relevant to his service-connected conditions and their current status.

The Board denied the Veteran's claims for earlier effective date and service connection, finding that he did not have a current hearing loss disability of either ear. The claim for bilateral hearing loss was also denied as there is no evidence showing it was incurred in or aggravated by his active duty.